PLUS SIDE TERMS AND CONDITIONS

WELCOME

Welcome to Plus Side! We are a community-based application that allows its members to connect with like-minded people in the Positive community, i.e. living with STD’s. We are here to help you find support, friends, improve mental health and build relationships through direct and group connections that you control. Our vision is to build a better community with no discrimination that offers something for everyone!

We set out on the Platform the various ways in which we can assist you (our Services). All the details of what we include in our Services are set out on our Platform, and we’re excited to help you start meeting people! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

TERMS AND CONDITIONS

This online platform (Platform) is operated by Plus Side Pty Ltd ABN 47 643 754 858 (we, our or us). It is available via our mobile application and may be available through other addresses or channels.

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must be 18 years of age or older to use our Platform. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Platform

You must register on our Platform and create an account (Account) to access the functionality of our Platform. You must provide basic information when registering for an Account including your name, email address, date of birth and location and you must choose a username and password. You’ll also be asked to provide information about any sexually transmitted diseases (STDs) you have and your preferences about the people you would like to meet, such as your preferred gender, age bracket and location.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. You agree not to misrepresent yourself, including your identity, age, qualifications or STD history.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

Trial Account

At our discretion, we may offer you a free or trial Account designed to allow you to evaluate the Platform and make sure the Platform is right for you. Any trial period (and the features available during this period) can change at any time without notice. We have the right to terminate any trial Account if you are found to be misusing the Platform.

Premium Membership

You may access our Platform and use basic functions for free or you may choose to upgrade to a premium membership to materially benefit from our services (Premium Membership). Our Premium Membership offerings and membership periods are as set out on our Platform.

If you choose a Premium Membership, you will be required to and you agree to pay us the fees set out on the Platform in relation to your chosen Premium Membership to benefit from the selected features (Membership Fee).

You must pay the Membership Fee in advance for each billing cycle via one of the payment methods set out on the Platform which may include credit card, a third party payment processor or direct debit. The Membership Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.

To the maximum extent permitted by law, and subject to your Statutory Rights, the Membership Fee is non-refundable. Your Premium Membership will automatically renew for the same term as your initial membership period unless you cancel your Premium Membership. You can read more about our cancellation policy below.

The Membership Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.

We may modify the Membership Fees from time to time upon notice to you. The updated Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Premium Membership in accordance with the cancellation clause below.

Changes, Refunds, Holds and Cancellations

Changing your Membership

You may upgrade or downgrade your Premium Membership at any time in the Account page/manage membership page (or similar) or by sending us an email. If you upgrade your Premium Membership, the upgrade will happen immediately and the payment method linked to your Account will automatically be charged the Membership Fee for your new Premium Membership. If you downgrade your Premium Membership, the downgrade will become effective on the next Billing Date.

Cancelling your Membership

You may cancel your Premium Membership at any time by providing us notice (which you may provide via email or through the Platform). We will provide you with confirmation that your Premium Membership has been cancelled via email or via the Platform.

After you receive confirmation from us of cancellation of your Premium Membership, your access to the features of your Premium Membership will end on the next Billing Date. You will still be able to use the free features of the Platform. To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation. Where you have cancelled your Premium Membership due to change of mind or other circumstances, we do not provide refunds of the Membership Fee. We do not allow for a Premium Membership to be put on hold or “frozen”.

Hiding your Account

You may hide your Account at any time in the Account page (or similar) or by sending us an email. If you hide your Account, your profile will be hidden from other users and you will not be able to substantially benefit from the Services. You may unhide your Account at any time in the Account page (or similar) or by sending us an email, in which case, you will be able to resume using the Platform and your profile will be reactivated.

Deleting your Account

You may cancel your Account at any time in the Account page (or similar) or by sending us an email or through the Platform. When you cancel your Account, you will lose access to the Platform and if you reactivate your Account at a later date, your profile, connections and groups will no longer be available.

Collection Notice

We understand that privacy is important to you. We collect personal information about you in order to enable you to access, use and benefit from the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Safety

While we strive to encourage a positive and respectful environment and user experience on our Platform, we make no representations as to the conduct of our users and we are not responsible for your interaction with any other user of the Platform, whether on the Platform or if you communicate or interact with them off the Platform. We do not conduct criminal background checks, identity checks or health checks on users before the sign up. You agree to use caution in all interactions with other members, including by not sending money or sharing financial information through the Platform and reporting any suspicious or offensive behaviour to us.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information or images without an individual's consent) or any other legal rights; (2) using our Platform to bully, stalk, intimidate, assault, mistreat, defame, harass, threaten, menace or offend any person; (3) using our Platform to upload any inappropriate pictures or videos; (4) interfering with any user using our Platform; (5) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (7) using our Platform to send unsolicited email messages, solicit money from or defraud other users; (8) using another user’s Account, share an account with another user or maintaining more than one account; (9) impersonating any person or entity; or (10) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the materials and information on the Platform (Content). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

User Content

You will be permitted to post, upload, publish, submit or transmit relevant information and content, including information to describe yourself when creating your profile, information you post in a member group, information you post when creating an event and information you provide when communicating with other users (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. For the avoidance of doubt, your profile will be public and viewable by other users (unless you hide it).

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your User Content must not (1) contain hate speech, threatening, sexually explicit or pornographic material; (2) incite violence; or (3) promote racism, bigotry, hatred or physical harm of any kind against any group or individual. We do not endorse or approve and are not responsible for any User Content posted by you or any other user. We may, at any time at our sole discretion, remove any User Content. If you see User Content on the Platform that violates these Terms or concerns you, please reach out to us and report it using the contact details below.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any aspect of your interaction with another user, including the description in another user’s profile (including any information provided about their sexual health) or if you meet another user or attend an event organised by a user on the Platform; (4) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (6) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (7) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us paying you $10; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

You acknowledge and agree that (1) you use the Platform or our services at your own risk, including all of the risks associated with any online or offline interactions with others including dating; (2) we do not guarantee that you will make any meaningful connections through the Platform; and (3) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms, any applicable laws, regulations or third-party rights. Users have the right to report other users if they feel another user is not using our Platform as they should. Where possible, we will suspend your Account and allow you to rectify any undesirable behaviour, but if we need to, we will cancel your Account.

We may also terminate these Terms without cause by giving you 7 days’ notice.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

General

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Platform, including the information and materials available on it, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Variation: We may modify these Terms from time to time by notifying you by email. The updated Terms will apply from your next Billing Date. By continuing to use the Platform after the next Billing Date, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.



For any questions and notices, please contact us at:

Plus Side Pty Ltd ABN 47 643 754 858
Email: Support@plus-side.com